1 CGHC010171262026 2026:CGHC:29438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4133 of 2026 Santosh Sen S/o Chintaram Sen Aged About 60 Years R/o Village-Dagauri, Thana Bilha, Tahsil- Bilha, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Alok Kumar Dewangan, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 170/2026, registered at Police Station- Bilha, District- Bilaspur, (C.G.) for the offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act. RAHUL 2. The case of the prosecution, in brief, is that the police of Police DEWANGAN Digitally Station Bilha, District- Bilaspur, (C.G.), received an information from signed by RAHUL DEWANGAN the informant and on the basis of the said information conducted a raid and seized total 44 quarters of country made plain liquor (7.920 2 bulk liters) worth Rs. 43,520/- from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act against the present applicant.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He submits that the present applicant has three criminal antecedents under the Excise Act, out of which two cases are disposed of and only one case is pending. He also submits that the charge-sheet has been filed before the competent Court, and the applicant is in jail since 29.03.2026 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant total 44 quarters of country made plain liquor (7.920 bulk liters) worth Rs. 43,520/- were seized. He further submits that the present applicant has three criminal antecedents under the Excise Act, which shows that he is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case-diary. 3

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicant is concerned though the present applicant has three criminal antecedents under the Excise Act, but out of which two cases are disposed of and only one case is pending, and he is in jail since 29.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Santosh Sen, involved in Crime No. 170/2026, registered at Police Station- Bilha, District- Bilaspur, (C.G.) for the offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan

1 CGHC010171262026 2026:CGHC:29438 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4133 of 2026 Santosh Sen S/o Chintaram Sen Aged About 60 Years R/o Village-Dagauri, Thana Bilha, Tahsil- Bilha, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station- Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Alok Kumar Dewangan, Advocate. For Non-applicant/State : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 170/2026, registered at Police Station- Bilha, District- Bilaspur, (C.G.) for the offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act. RAHUL 2. The case of the prosecution, in brief, is that the police of Police DEWANGAN Digitally Station Bilha, District- Bilaspur, (C.G.), received an information from signed by RAHUL DEWANGAN the informant and on the basis of the said information conducted a raid and seized total 44 quarters of country made plain liquor (7.920 2 bulk liters) worth Rs. 43,520/- from the possession of the present applicant. Thereafter, Police has registered an offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act against the present applicant.

3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that under Section 34(2) of the Excise Act, minimum punishment is one year and maximum punishment is three years. He submits that the present applicant has three criminal antecedents under the Excise Act, out of which two cases are disposed of and only one case is pending. He also submits that the charge-sheet has been filed before the competent Court, and the applicant is in jail since 29.03.2026 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that from the possession of the present applicant total 44 quarters of country made plain liquor (7.920 bulk liters) worth Rs. 43,520/- were seized. He further submits that the present applicant has three criminal antecedents under the Excise Act, which shows that he is a habitual offender, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case-diary. 3

6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the charge-sheet has been filed before the competent Court and so far as the criminal antecedents of the applicant is concerned though the present applicant has three criminal antecedents under the Excise Act, but out of which two cases are disposed of and only one case is pending, and he is in jail since 29.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant is allowed. Let the applicant, Santosh Sen, involved in Crime No. 170/2026, registered at Police Station- Bilha, District- Bilaspur, (C.G.) for the offence punishable under Sections 34(2) and 59(B) of the C.G. Excise Act, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient 4 cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan